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Gov & Administrative Law Questions & Answers

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana on

Q: What case log can a inmate use to get a sentence modification if a judge said a different sentence from his release dat

The judge sentenced my boyfriend to 3 years do 18 months if he doesn't get into the drug program, which he didn't. But his release date has the full 3 years and the court told him he needs to file a modification. He needs to know what proper case logs he could use to put in his modification.

Gary Kollin answered on Aug 23, 2019

case log or case law?

Without knowing the facts and circumstances, there are hundreds of books of case law and it is impossible to identify any in particular

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Oklahoma on

Q: Why am I being charged with operating a whiskey still with intent when it was in pieces, not operable and no intent

Keegan Kelley Harroz answered on Aug 21, 2019

The prosecutor can charge you with anything. The key is being able to prove it. You need to hire an experienced trial attorney and discuss all of the details of your case in order to help your attorney determine the best legal strategy for your case.

Q: SSDI hearing

Will I get denied if I do not have an attorney at my court hearing?

Cristina M. Lipan answered on Aug 19, 2019

You won't get denied just because you don't have an attorney, but you're much more likely to be successful if you have one. That's because an attorney will know what records you need and will argue why you should be considered disabled. However, you will need to get an attorney as soon as the... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Personal Injury for Florida on

Q: Is electronic harassment a federal crime in Florida? I am asking for myself I am currently a victim of this harassment

These perpetrators can spy on my whereabouts 24/7 and have the capabilities of viewing my thoughts on a computer I have no other earthly idea how they do this though.

Terrence H Thorgaard answered on Aug 16, 2019

What makes you think they are doing this?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on

Q: What does final plea hearing & deadline mean in a criminal case in Criminal courtroom 1 in El Paso County Texas mean?

My son has been incarcerated for nearly a year there he's been set for trial three times now every time we get ready to go to trial it gets pushed forward 6 months we're not seeing any justice in this matter what is the problem I am confused as to what final deadline interprets in there law?... Read more »

Kiele Linroth Pace answered on Aug 16, 2019

I am not aware of any LAW that says a trial can only be postponed three times or for one year ... perhaps the judge said the she is not willing to grant any additional continuance.

1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on

Q: If a home is part of a HOA, is the owner legally responsible to disclose that to the new owner/protentional buyer?

I purchased my home back in March this year and I wish to put up an additional garage/pole barn (following all local permit rules). Some of the neighbors have mentioned that this cul-de-sac was a part of a HOA years ago. This was never disclosed to me and I was never given any information during... Read more »

Kenneth V Zichi answered on Aug 15, 2019

Because there was a HOA at one point does not mean there still is. Failure to disclose, failure to collect dues, failure to provide you notice etc all point toward it may not exist any more.

PLEASE take your paperwork to a local real estate attorney to review ASAP (as you should have done...
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2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on

Q: Please google Michael Dowd vs Palm Beach Florida et al

Pubilc Defender utters forged Probable Cause Affidavits. Palm Beach County Clerk of court removed filed p.c. affidavit and replaced with a forgery.

Henry George Ferro answered on Aug 15, 2019

There is no question to be answered

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1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on

Q: If my probation officer said I can't visit an inmate a year ago is it possible she could change her mind?

Will I never be allowed to visit an inmate while on probation or could she change her mind

Gary Kollin answered on Aug 14, 2019

There is no harm in asking or filing for a waiver

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Florida on

Q: is there a statute of limitations on speeding ticket and possession of alcohol by a minor from 20 years ago?

My fiancé received a letter from a law firm for tickets from 20 years ago for 2 tickets from another state. One for speeding 15 mph and one for possession of alcohol by a minor. It states he needs to appear in court or pay $500. Is this something they can still go after?

Terrence H Thorgaard answered on Aug 13, 2019

If the tickets were from another state, you should ask your question in the Justia section for that state. But the chances are that if he was ticket by a police officer a judgment of guilty has long-since been entered on those tickets; a SOL would not apply. There is an interstate compact on... Read more »

1 Answer | Asked in Gov & Administrative Law, Tax Law and Legal Malpractice for Alabama on

Q: I have received a letter from the State of Alabama Dept of Revenuel Notice of Preliminary Assessment for the year 2010.

Received a letter when I filed these taxes that I had filed to late to receive a return. Filed through Liberty tax service who did not file 2013 taxes till 2017. Don't understand what is going on or what to do, Can you help

D. Mathew Blackburn answered on Aug 13, 2019

You only have a certain period of time to file a return claiming a refund or else you forfeit the refund. It sounds like you filed a return too late to claim the refund and the state tax department is notifying you of that. There's nothing you can do about the refund. You may have recourse against... Read more »

1 Answer | Asked in Gov & Administrative Law for Nebraska on

Q: Is there a grace period for vehicle registration after dealership transit sign has expired in Nebraska

I'm not sure which topic it falls under except state or government laws

Julie Fowler answered on Aug 12, 2019

In Nebraska, you have 30 days from the date of purchase to register your vehicle and pay sales tax. You need to have insurance on your vehicle before you drive off the dealership lot.

4 Answers | Asked in Bankruptcy, Gov & Administrative Law, Sexual Harassment and Identity Theft for California on

Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine.... Read more »

Peter Maurice Lively answered on Aug 7, 2019

I'm sorry for your circumstances which sound stressful and frustrating, you are certainly not alone.

You could spend a lot of time energy and money obtaining a judgment and trying to collect the judgment from someone without succeeding.

You might be eligible for a bankruptcy...
Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Rhode Island on

Q: The court placed a restraining order against my boyfriend and I because we're 17 and 34 but he has committed no crime

Thomas Briody answered on Aug 5, 2019

I don't see a question here. However, you are a minor, and if you are living at home, your parents are going to have a say as to who can come to their house. And while I understand that affairs of the heart can cause people to do and say many things, a judge is going to be very skeptical about a... Read more »

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1 Answer | Asked in Gov & Administrative Law for Tennessee on

Q: Can I be exempt from jury duty if I am self-employed and under an hourly contract with a client?

I would forgo approximately $800/day of earnings, which cannot be regained while serving as a juror. Since jury duty typically pays up to $50/day, this loss of income would present a hardship, especially with prolonged service.

Bennett James Wills answered on Aug 5, 2019

You would need to inform the court of this - not sure if it would be a sufficient reason to get out of jury service.

3 Answers | Asked in Elder Law, Estate Planning and Gov & Administrative Law for Texas on

Q: Can a Son of a terminally ill parent that is not of their right mind have a document signed to sell the parents home?

Even when close friends know it is not her wish.

Terry Lynn Garrett answered on Aug 4, 2019

If a person's dementia has progressed to the point that she lacks legal capacity to contract, the contract is void and the attempt to profit from it is exploitation of an elderly person, a first degree felony in Texas. Contact APS.

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1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Puerto Rico on

Q: I have a child in department of family care whose DNA test is required ?what is the procedure?stolen baby from hospital.

Department of family Puerto Rico is doing everything to not let me see him by making excuses or hanging up calls. One of child mom friends told me that baby is actually stolen baby from hospital so blood test shows mom is not his real mom even so government is worried test will open a Pandora box... Read more »

Gary Kollin answered on Aug 4, 2019

Get the test.

Perhaps it would help if you did not refer to the child as an “it.”

2 Answers | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Juvenile Law for Tennessee on

Q: my friend is 22, lives in TN.. she has about 4-6 friends who are between the ages of 14-17 can she go to jail for that?

a close friend she has who is, i believe is 15, his mom knows how old she is and everything..

Mr. Kent Thomas Jones Esq. answered on Aug 3, 2019

It is not a crime to be friends with minors. Did something else happen?

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1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on

Q: DA says dont know what happend but we lost your case ? victim of violent crime sue for failure due process on DA?

dept of consumer affairs and Board of dentistry investigated an man for unlicensed unauth. practice of dentistry since they only enforce Licencees they turned it over to San mateos DA office for criminal prosecution...... they had enough evidence, expert testimony, victim, text messages and ect.... Read more »

William John Light answered on Jul 29, 2019

The Dept of Consumer Affairs and Board of Dentistry have no obligation to refer a case for criminal prosecution or to advise you of the statute of limitations for a civil case. Speak to some attorneys about your case to confirm that the statute of limitations has, n fact, run.

1 Answer | Asked in Workers' Compensation, Business Law, Civil Litigation and Gov & Administrative Law for Texas on

Q: Does making False statements to OSHA qualify as violation of the False Claims Act?

e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?

Roy Lee Warren answered on Jul 29, 2019

I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Gov & Administrative Law for Tennessee on

Q: The building codes dept condeamned my house without notice to bring it up to code. They came on my property without perm

Is it legal. My kids are disabled. They are not giving them time to come in compliance nor the opportunity to come up to code although there are other properties as bad or worse. Would this be harrassment and what can I do?

Anthony M. Avery answered on Jul 29, 2019

It is not harassment. But you must hire a competent attorney to file a Writ of Certiorari in Chancery Court immediately to enjoin and declare the administrative action illegal. After reading the Codes, you might complain to the City or County Codes Office, but it will be futile. You must act... Read more »

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